IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.6585 OF 2018 (GM-RES) BETWEEN:
1. VEERAMADAKARI SCHEDULED TRIBE FISH PRODUCTION AND PROCESSING CO-OPERATIVE SOCIETY LTD VALMIKI NAGAR, HARPANAHALLI VILLAGE & TALUK, DAVANAGERE DISTRICT – 583 131 BY ITS CONVENOR D. ANANDA S/O BHEEMAPPA 2. SRI. D. ANAND SON OF BHEEMAPPA AGED ABOUT 28 YEARS R/AT VALMIKI NAGAR 8TH WARD, HARAPANAHALLI TALUK, DAVANAGERE DISTRICT – 583 131.
… PETITIONERS (BY SRI. VISHWAJITH SHETTY S, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF FISHERIES VIDHANA SOUDHA BENGALURU – 560 001 2. THE DEPUTY DIRECTOR (GRADE-II) FISHERIES DEPARTMENT HARAPANAHALLI DAVANAGERE DISTRICT – 583 131.
3. FISH PRODUCTION AND SALES CO-OPERATIVE SOCIETY LTD HARAPANAHALLI DAVANGERE DISTRICT – 583 131 REPRESENTED BY ITS SECRETARY 4. FISH PRODUCTION, PROCESION & SALES CO-OPERATIVE SOCIETY LTD VALMIKI NAGAR, 8TH WARD, HARAPANAHALLI TALUK, DAVANAGERE DISTRICT – 583 131 REPRESETED BY ITS SECRETARY 5. SRI. ANJANEYA SWAMY FISH PRODUCTION AND SALES CO-OPERATIVE SOCIETY LIMITED HARAPANAHALLI TALUK DAVANAGERE DISTRICT – 583 131. REPRESENTED BY ITS SECRETARY … RESPONDENTS (BY SRI. B. BALAKRISHNA, AGA FOR R1 AND 2;
SRI. SANTHOSH KUMAR M.D., ADVOCATE FOR R3;
MS. SANGEETHA U., ADVOCATE FOR SRI. DEVI PRASAD SHETTY, ADVOCATE FOR R4; SRI. J.M.ANIL, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE REQUIREMENT IMPOSED BY 2ND RESPONDENT TO OBTAIN A 'NO OBJECTION CERTIFIECATE' FROM 3RD RESPONDENT FOR THE PURPOSE OF REGISTERING A NEW FISHING CO-OPERATIVE SOCIETY IS ILLEGAL, ARBITRARY AND NULL AND VOID AS THE GUIDELINES ANNEX-A DATED 13.8.2013 FRAMED BY THE 1ST RESPONDENT DO NOT CONTEMPLATE ANY SUCH REQUIREMENT AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Vishwajith Shetty S., learned counsel for the petitioners.
Sri. B. Balakrishna, learned Additional Government Advocate for respondent Nos.1 and 2.
Sri. Santhosh Kumar M. D., learned counsel for respondent No.3.
Ms. Sangeetha U., learned counsel for Sri. Devi Prasad Shetty, learned counsel for respondent No.4.
Sri. J. M. Anil, learned counsel for respondent No.5.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioners inter alia have prayed for the following reliefs:
“a) Declare that the requirement imposed by 2nd respondent to obtain a 'No Objection Certificate' from 3rd respondent for the purpose of registering a new fishing co-operative society is illegal, arbitrary and null and void as the guidelines Annex-A dated 13.8.2013 framed by the 1st respondent do not contemplate any such requirement;
b) Issue a writ of certiorari or any other appropriate writ quashing the communication / letter Annexure-E dated 08.07.2016 issued by 2nd respondent;
c) Issue a writ of certiorari or any other appropriate writ quashing the 'No Objection Certificates' Annexure-G and G1 dated 09.08.2017 respectively in favour of respondent Nos.4 and 5 respectively.
3. When the matter was taken up today, learned counsel for the parties jointly submitted that there is no requirement of obtaining ‘No Objection Certificate’ for registering a Society from another Society.
4. In view of the aforesaid submissions and as prayed for by the learned counsel for the parties, the writ petition is disposed of with a direction to the competent authority to deal with the application for registration submitted by the petitioners as well as respondent Nos.4 and 5-Society in accordance with law, by a speaking order within a period of six weeks from today.
5. In view of disposal of the main petition, pending interlocutory applications do not survive for consideration. Accordingly, the same are disposed of.
Sd/- JUDGE Mds/-